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HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The purpose of this Act is to clarify the
 2 application of the cost sharing provisions provided for in
 3 section 264-33, Hawaii Revised Statutes, when utility facilities
 4 are necessarily removed, relocated, replaced or reconstructed due
 5 to construction of a state highway, or state or county federal-
 6 aid highway.  The application of these provisions to situations
 7 involving relocation of overhead utility facilities to
 8 underground where federal funds are available has been disputed,
 9 and this Act amends section 264-33.5, Hawaii Revised Statutes, to
10 specifically apply the same cost sharing provisions to such
11 situations.
12      SECTION 2.   Section 264-33.5, Hawaii Revised Statutes, is
13 amended to read as follows:
14 "264-33.5 Underground installation of utility facilities along
15 federal-aid highways; when required; when waived[.]; how paid.
16 (a) The director of transportation shall arrange for the
17 installation of all utility cables and facilities below the
18 ground, within a berm or away from the alignment of a highway,
19 during the design or redesign and construction or reconstruction

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 1 phases of any new or existing federal-aid highway project, when a
 2 determination is made that federal highway funds are available to
 3 pay for the federal share of the cost differential between
 4 underground and overhead facilities.
 5      (b)  The director of transportation may make exceptions to
 6 subsection (a) if:
 7      (1)  The director determines that exceptions are appropriate
 8           due to either:
 9           (A)  any of the following criteria: environmental,
10                safety, research, technology, corridor alignment,
11                or management concern; or
12           (B)  The following criteria collectively: state funding
13                impacts, economic feasibility, and federal funding
14                concerns; or
15      (2)  The projects do not lend themselves to undergrounding,
16           such as: resurfacing, traffic signal installation,
17           drainage installation, bikeway markings, guardrail
18           installation, traffic markings, and enhancement
19           improvements.
20      (c)  The amount to be paid out of federal, state or county
21 funds shall be computed as follows:
22      (1)  The total cost shall first be determined.
23      (2)  From the total cost there shall be deducted the

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 1           following items:
 2           (A)  Depreciation, except that this shall not be
 3                applicable to publicly owned utility facilities,
 4                and the salvage value of any materials or parts
 5                salvageable and retained by the utility;
 6           (B)  The amount of any betterment to the utility
 7                facility resulting from the removal, relocation,
 8                replacement, or reconstruction;
 9           (C)  In the case of a privately owned utility facility
10                only, the first $10,000 of the expense of such
11                work;
12           (D)  The balance of the cost, in the case of a
13                privately owned utility facility only, shall be
14                paid one-half by the owner thereof, and the
15                remaining one-half shall be the amount payable out
16                of federal, state or county funds."
17      SECTION 3.  Statutory material to be repealed is bracketed.
18 New statutory material is underscored.
19      SECTION 4.  This Act shall take effect upon its approval.
21                           INTRODUCED BY:  _______________________

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